06.18.2024 ITEM IX.I. MCLD AMENDED IGA MCW 10-8-24.PDF

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INTERGOVERNMENTAL AGREEMENT FOR THE USE OF REAL PROPERTY 
BY AND BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND 
CITY OF LITCHFIELD PARK 
This Intergovernmental Agreement (“Agreement”) is entered into this 18th day of June, 2024, 
by and between The Maricopa County Library District, a political subdivision of the state of 
Arizona (“Library District”) and the City of Litchfield Park, an Arizona municipal corporation 
(“City”). The Library District and City may be referred to herein collectively as the “Parties” 
and individually as a “Party.” 
RECITALS 
 
WHEREAS, Library District and City are authorized to enter into this Agreement pursuant to 
A.R.S. § 9-240, § 11-951 and § 11-952; and, 
 
WHEREAS, A.R.S. § 48-3901 provides for the establishment of a library district within Maricopa 
County and further provides that cities within the County may elect to become a part of, or to 
participate in, said library district; and, 
WHEREAS, the Library District and the City have executed multiple agreements to 
cooperatively provide a public library for Litchfield Park and Maricopa County residents for 
over 20 years, and have most recently been providing library services in accordance with that 
certain Intergovernmental Agreement for the Litchfield Park Branch Library under Maricopa 
County Agenda No. C-65-09-021-M, which was fully executed on June 17, 2009, and amended 
by an May 21, 2014 First Amendment (C-65-09-021-M-01), and further amended by a May 15, 
2019 Second Amendment (C-65-09-021-M-02) (collectively, the “IGA”); and, 
WHEREAS, the term of the IGA is set to expire on June 30, 2024; and, 
 
WHEREAS, participation with the Library District will provide benefits to the City such as: full 
public library service with all operating costs paid by the Library District, specialized library 
programs and services recommended by a local advisory committee and approved by the 
Library District Board of Directors, and potentially improved and expanded services, materials, 
programs and hours of operations; and, 
WHEREAS, the Parties now desire to enter into this mutually beneficial Agreement to establish 
the terms and conditions under which the Parties will continue providing library services to 
the residents of the City; and 
WHEREAS, upon full execution of this Agreement, this Agreement shall replace the IGA 
described above.

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TERMS OF AGREEMENT 
 
NOW, THEREFORE, in consideration of the promises and covenants set forth below, and other 
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, 
the Parties hereby agree as follows: 
1. 
Recitals. The recitals shall, by this reference, are incorporated herein and made a part 
of this Agreement. 
2. 
Purpose. The purpose· of this Agreement is to identify and define the roles, 
responsibilities, liabilities, and rights of the Library District and City for the continued operation 
of the Litchfield Park Branch Library at that certain real property owned by the City located at 
101 W Wigwam Blvd, Litchfield Park, Arizona, and depicted on Exhibit “A,” which is attached 
hereto and made a part hereof (“Property”), as well as for the continued operation of the 
library. The Parties acknowledge that the City currently has plans to build and construct a new 
library facility and that this Agreement will be updated and amended once a new facility is 
completed. 
 
3. 
Premises. City hereby grants Library District the right to continue to use and occupy 
that section of the Property known as the library, also depicted on Exhibit “A” (“Premises”). 
 
4. 
Effective and Commencement Dates. This Agreement shall be effective upon the full 
execution of the Parties (“Effective Date”) and shall commence on July 1, 2024 
(“Commencement Date”). 
5. 
Term. The term of this Agreement shall be for five (5) years beginning on the 
Commencement Date and expiring on June 30, 2029, unless sooner terminated as provided 
for in this Agreement. 
 
6. 
Option to Renew. Provided this Agreement is in full force and effect and neither Party 
is in default under any of the terms and/or conditions of this Agreement at the conclusion of 
the initial term set forth herein, or any renewal term as contemplated below, the Parties may, 
upon mutual written consent, renew this Agreement for four (4) terms of up to five (5) years 
each, but not to exceed a total of an another twenty (20) years (“Option”). 
6.1 
Exercise of Option. Library District shall notify the City of its intent to renew, no 
later than the date which is at least ninety (90) days prior to the expiration of this 
Agreement or any renewal term, as the case may be. If the Parties mutually consent to 
renew this Agreement, the library District shall then draft an amendment to the 
Agreement setting forth the new termination date and any amended terms agreed to 
by the Parties. Upon review and approval by the Parties’ respective staff, the Parties 
will then seek approval of their governing bodies.

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7. 
Permitted Use. The Library District shall use the Premises as a public library and shall 
have access twenty-four (24) hours per day and seven (7) days per week (“Permitted Use”). 
The Library District is also hereby granted a non-exclusive right to use in common with the 
City, other tenants and occupants, and other parties authorized by the City, common areas, 
which include, but are not limited to, parking areas, sidewalks, and other common areas and 
facilities as the City shall, from time to time, designate for common use (“Common Areas”). 
City reserves the right use the community conference room for up to two meetings monthly. 
City use of this space takes precedence over library use of this meeting space. 
8. 
Fees for Property Use. The Library District’s operation of the library and use of the 
Premises and Common Areas is a mutual benefit to the Parties and the community as a whole. 
Therefore, the fee for the Library District’s use of the Premises and Common Areas is $0.00 
per annum. The Library District agrees there shall be no fee for City’s use of community room. 
 
9. 
Utilities and Maintenance of Property. City shall, at its sole cost and expense, be 
responsible for: (1) all utilities serving the Property and Premises except telecommunications 
(internet & telephone); (2) provision of janitorial and landscape services for the Property and 
Premises; (3) maintaining Property and Premises; and (4) providing adequate parking for 
library staff and patrons. 
10. 
Personal Property. Library District shall provide any personal property (“Library District 
Personal Property”) necessary for its operations, including but not limited to furniture, 
computers, printers, copiers, and any other necessary equipment. The Parties agree that all 
Library District Personal Property shall continue to be owned by Library District and may be 
removed, at their sole discretion, at expiration or termination of this Agreement or any 
renewal term. 
 
11. 
City Obligations. The City shall: 
 
11.1 
Cooperate with the Library District at· all times in good faith in order to facilitate 
the provision of library services. 
11.2 
Maintain the Property, Premises and Common Areas in conformance with all 
applicable federal, state and local statutes, rules, laws, ordinances, regulations and 
codes; and in good repair, to include correcting any hazardous conditions existing as 
the result of any structural defect or unsoundness. The term “structure” as used herein 
includes walls, roofs, floors, foundations, stairways, exterior sidewalks and all 
electrical, plumbing, heating and air-condition systems and equipment; and in 
conformance with all applicable standards contained in the International Building Code 
for Life Safety (“IBC”) as adopted by the City, and to all provisions for handicapped 
accessibility set forth in A.R.S. §§ 9-499.02 and 34-401 through 34-439. This will

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include, but not be limited to, handicapped accommodations such as restrooms, 
drinking fountains, pedestrian ramps; and in conformance with all Americans with 
Disabilities Act requirements for public accommodations that are “readily achievable 
unless an undue burden would result.” 
11.3 
Conduct routine maintenance which shall include, at a minimum: electrical and 
plumbing repairs, painting the interior walls, repairing or replacing floor covering(s), 
replacement of all broken glass, and performing all repair, replacement and/or 
maintenance of installed building utility system(s) and equipment (including water 
heaters, furnaces, air conditioners and fire extinguishers). 
11.4 
Coordinate as necessary to review and respond to any maintenance, repair, or· 
operational needs identified by the Library District. The City shall have the final 
decision making authority as to all maintenance and repairs. 
 
11.5 
Insure the Property and Premises for all perils and risk coverage. 
12. 
Library District Obligations. The Library District shall: 
12.1 
At its sole cost and expense, pay for the operation of the Library, and the 
Library’s telecommunication expenses with revenues from the Library District tax 
levied pursuant to A.R.S. § 48-3903. 
12.2 
Intentionally Omitted. 
 
12.3 
Provide: 
 
12.3.1 Centralized acquisitions, cataloging, processing and graphic arts 
services; and, 
12.3.2 Provide centralized personnel, fiscal, procurement, supply any other 
necessary administrative services; and, 
 
12.3.3 Provide coordinating and consulting services; and, 
12.3.4 Provide access to all library programs and materials within the Library 
District’s system, including, but not limited to, audiovisual services, online 
digital services and special collections; and,

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12.3.5 Provide policies, procedures and operations manuals and support 
network. 
12.4 
Coordinate with local schools to offer assistance in developing literacy 
improvement. 
12.5 
Provide advice and assistance to all library staff in programming, advanced 
reference research, online reference searches, microforms and reference collection 
development. 
12.6 
Provide coordinated children’s programs and services which may include 
summer reading, year-round reading, film programs, book-week programs, 
storytelling, school visits, crafts, read-aloud programs, performances and special 
events. 
 
12.7 
Encourage input from citizens in the selection of library materials and programs. 
12.8 
Coordination with City staff for the use of and scheduling the community room. 
 
12.9 
Scheduling use of the community conference room for up to two city meetings 
monthly. City use of this space takes precedence over library use of this meeting space. 
12.10 Coordination with city staff for use of scheduling and hosting community 
programs such as blood drives, vaccine clinics and other community needs. 
 
13. 
Compliance with laws. Library District agrees to comply with all federal, state and local 
statutes, laws, ordinances, rules, and regulations which relate to their use of the Premises and 
Property. 
 
14. 
Insurance. Library District and City acknowledge and agree that the Parties to this 
Agreement are each self-insured or otherwise possess necessary and proper insurance policies 
under this Agreement. During the entire time that this Agreement is in force, each Party, at its 
sole cost and expense, shall carry and maintain levels of Commercial General Liability, 
Automobile 
Liability, 
Worker’s 
Compensation 
insurance, 
Property, 
and 
Environmental/Pollution Insurance coverages that are considered standard for the Property, 
Premises and Permitted Use. 
15. 
Indemnification. Each Party (as “indemnitor”) agrees to indemnify, defend, and hold 
harmless the other Party (as “indemnitee”) from and against any and all claims, losses, liability, 
costs, or expenses (including reasonable attorney’s fees) (hereinafter collectively referred to 
as “claims”) arising out of the negligent performance of this Agreement, but only to the extent

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that such claims which result in vicarious/derivative liability to the indemnitee are caused by 
the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, 
officials, agents, employees, or volunteers. 
16. 
Conflicts; Termination. 
 
16.1 
As prescribed by A.R.S. § 38-511 as amended, either Party may cancel this 
Agreement within three years after its execution and without penalty or further 
obligation if any person significantly involved in initiating, negotiating, securing, 
drafting or creating the contract on behalf of either Party is, at any time while the 
Agreement or any extension thereof is in effect, an employee or agent of either Party 
to the contract in any capacity or a consultant to any other Party to the Agreement 
with respect to the subject of this Agreement. In the event either Party elects to 
exercise its right under A.R.S. § 38-511 as amended, the Party agrees to give notice 
thereof immediately in writing to the other Party. 
 
16.2 
This Agreement may be terminated in whole or in part by either Party at the 
end of any fiscal year due to non-appropriation of funds without any penalty or liability 
to the other Party. A Party shall inform the other Party of the possibility of partial or 
full non-partial appropriation of funds as soon as the Party knows and collaborate to 
effect closure of the library as necessary. 
16.3 
This Agreement may also be terminated in whole by either Party for any reason, 
or no reason, by written notice at least one hundred eighty (180) days prior to the 
effective date of such termination (“Early Termination”). 
16.4 
Agreement may also be terminated in whole or in part by mutual written 
agreement of the Parties on an agreed upon date. 
 
17. 
Default. 
17.1 
Each of the terms in this Agreement is considered material and failure to 
perform any of them shall constitute a breach of this Agreement. Either Party shall have 
the right to terminate this Agreement if the other Party does not, within thirty 
(30) days of ·receipt of a written notice thereof, cure any terms in default. 
Notwithstanding the foregoing, if the nature of the breach cannot be cured within said 
thirty (30) day period, the noticing Party shall not have the right to terminate this 
Agreement if the other Party commences the cure within the thirty (30) period and 
diligently pursues the cure to completion thereafter. Upon the occurrence of any 
default and at any time thereafter, Either Party may, but shall not be required to, 
exercise any remedies now or hereafter available to such party at law or in equity.

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17.2 
Neither Party shall be considered to be in default in the performance of any of 
the obligations hereunder, other than obligations to either Party to pay costs and 
expenses, if failure of performance shall be due to an uncontrollable force. The term 
“uncontrollable force” shall mean any cause beyond the control of the Party affected, 
including but not limited to failure of facilities, flood, earthquake, tornado, storm, fire, 
lightning, Arizona State government restriction caused by epidemic, war, riot, civil 
disturbance or disobedience, labor dispute, and action or non-action by or failure to 
obtain the necessary authorizations or approvals from any governmental agency or 
authority or the electorate, labor or material shortage, sabotage and restraint by court 
order or public authority, which by exercise of due diligence it shall be unable to 
overcome. Nothing contained herein shall be construed so as to require either Party to 
settle any strike of labor dispute in which· it may be involved. Either Party rendered 
unable to fulfill an obligation by reason of an uncontrollable force shall exercise due 
diligence to remove such inability with all reasonable dispatch. If either Party claims its 
failure to perform was due to an uncontrollable force, that Party shall bear the burden 
of proof that such activity was within the meaning and intent of this section, if such 
claim is disputed by either Party. 
18. 
Disputes. Unless either Party elects to terminate as permitted herein, disputes arising 
from this Agreement shall be subject to arbitration as may be required by A.R.S. § 12-1518. A 
notice of a dispute must be provided in writing to the other Parties and provide a summary of 
the issue that is the subject of the dispute. 
18.1 
The Parties shall confer within thirty (30) days of receipt of a notice of dispute 
to resolve the dispute and/or decide, within ten (10) days after conferring, on a 
mutually acceptable arbiter. If a mutually acceptable arbiter cannot be agreed upon 
within thirty (30) days after conferring, the Parties agree that each Party shall name 
one (1) arbiter and those two (2) arbiters shall select a third arbiter. Any decisions made 
shall be made by a majority of the panel of three arbiters. 
 
18.2 
If any Party decides to proceed to arbitration in lieu of terminating this 
Agreement, arbitration shall be binding. The cost of any arbitration shall be shared 
equally by the Parties. 
19. 
Notice Addresses. All notices herein required to be given shall be sent: 
To Library District: 
Director Jeremy Reeder 
Maricopa County Library District 
2700 N. Central Avenue, #700 
Phoenix, AZ 85004

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With a copy to: 
Director 
Maricopa County Real Estate Dept 
2801 W. Durango Street 
Phoenix, AZ 85009 
To City: 
City Manager Matthew Williams 
City of Litchfield Park 
214 W Wigwam Blvd 
Litchfield Park, AZ 85340 
19.1 
Notice Requirements. All notices required or permitted by this Agreement or 
applicable law shall be in writing and may be delivered in person (by hand or by courier) 
or may be sent by first class, certified mail or U.S. Postal Service Express Mail, with 
postage prepaid, and shall be deemed sufficiently given if served in a manner specified 
in this section. The addresses specified in this section shall be that Party’s address for 
delivery or mailing of notices. Any Party may, by written notice to the others, specify a 
different address for notice. 
 
19.2 
Date of Notice. Any notice sent by certified mail, return receipt requested, shall 
be deemed given on the date of delivery shown on the receipt card, or if no delivery 
date is shown, the postmark thereon or the date refused. If sent by first class mail, the 
notice shall be deemed given 72 hours after the same is addressed as required herein 
and mailed with postage prepaid. Notices delivered by United States Postal Service 
Express Mail or overnight courier that guarantee next day delivery shall be deemed 
given 24 hours after delivery of the same to the Postal Service or courier. 
 
20. 
Return of Premises. At the expiration of this Agreement, or early termination pursuant 
to the terms set forth herein, Library District shall return the Premises to City in a reasonable 
condition, normal wear and tear excepted. Library District may, in its discretion, abandon the 
improvements made by Library District or remove said improvements and restore the 
Premises to its original condition, ordinary wear and tear excepted. 
21. 
Property Interest. The Parties intend and mutually agree that this Agreement shall be 
construed as an intergovernmental agreement for Library District to operate within the 
Premises. This Agreement shall not be construed as a lease, sublease, rental agreement or 
easement. It is understood and mutually agreed that Library District has no ownership interest 
whatsoever in the City’s real property. 
22. 
No Assignment. Library District shall not assign any of the rights received pursuant to 
the terms of this Agreement without the prior written consent of City.

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23. 
Time is of the Essence. Time is of the essence in this Agreement. If the date for 
performance of any obligation hereunder or the last day of any time period provided herein 
shall fall on a Saturday, Sunday or legal holiday of the State of Arizona, then said date for 
performance or time period shall expire on the first day thereafter which is not a Saturday, 
Sunday or a legal holiday. Unless otherwise specifically indicated to the contrary, the word 
“days” as used in this Agreement shall mean and refer to calendar days and not business days. 
24. 
No Partnership or Joint Venture. Nothing contained in this Agreement shall create any 
partnership, joint venture or other arrangement among the Parties. Except as expressly 
provided herein, no term or provision of this Agreement is intended or shall be for the benefit 
of any person or entity not a Party hereto, and no such other person or entity shall have any 
right or cause of action hereunder. 
 
25. 
Venue; Governing Law. The proper venue for any proceeding at law or in equity or 
under the provisions for dispute resolution/arbitration shall be Maricopa County. This 
Agreement shall be construed in accordance with and be governed by the laws of the State of 
Arizona. 
26. 
Entire Agreement. This Agreement, together with any exhibits attached hereto and 
any agreements executed contemporaneously herewith, constitutes the entire agreement 
between the Parties and sets forth all of the covenants, promises, agreements, conditions and 
understandings among the Parties, and there are no covenants promises, agreements, 
conditions or understandings, either oral or written, among the Parties other than as set forth 
herein. This Agreement shall be construed as a whole and in accordance with its fair meaning 
and without regard to any presumption or other rule requiring construction against the Party 
drafting this Agreement. This Agreement cannot be modified or changed except by a written 
instrument executed by the Parties. The Parties have reviewed this Agreement and have had 
the opportunity to have it reviewed by legal counsel. 
 
27. 
Waiver. Waiver of any breach of any term, conditions or covenant herein contained 
shall not be deemed to be a waiver of any other term, condition or covenant herein, or of a 
subsequent breach of any term, covenant or condition herein. Any Party’s consent to, or 
approval of, any subsequent or similar act shall not be deemed to render unnecessary the 
obtaining of that Party’s consent to, or approval of, any subsequent or similar act by another 
Party, to be construed as the basis of an estoppel to enforce the provision or provisions of this 
Agreement requiring such consent.

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28. 
Severability. Wherever possible, each provision of this Agreement shall be interpreted 
in such manner as to be valid under applicable law, but if any provision shall be invalid or 
prohibited thereunder, such provision shall be ineffective to the extent of such prohibition or 
invalidation but shall not invalidate the remainder of such provision or the remaining 
provisions. 
29. 
Authority to Execute. Each Party warrants that the person signing this Agreement has 
the authority to do so. 
30. 
Headings. Sections and other headings contained in this Agreement are for reference 
purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 
 
31. 
Cooperation. The Parties agree to execute and/or deliver to each other such other 
instruments and documents as may be reasonably necessary to fulfill the covenants and 
obligations to be performed by the Parties pursuant to this Agreement. 
 
32. 
Counterparts. This Agreement may be signed in any number of counterparts with the 
same effect as if the signatures thereto and hereto are upon the same instrument. 
33. 
Not Binding Until Signed. Submission of this instrument for examination shall not bind 
the Parties in any manner, and no obligation on any Party shall arise until this Agreement is 
fully executed by the Parties and delivered to each Party. 
34. 
Alterations. Throughout the Term, Library District may identify and request other 
alterations, improvements and/or modifications (“Alterations”) of the Premises by City as 
Library District funds become available. If the City is amenable to the Alterations, the Parties 
shall proceed as follows: 
 
34.1 
The Library District shall prepare a detailed cost estimate for the Alterations. 
34.2 
Upon mutual agreement to the scope of work and cost estimate, the Library 
District shall provide the Town with written authorization to proceed with the 
Alterations. 
34.3 
Upon receipt of an itemized invoice, Library District shall reimburse City an 
amount not to exceed the pre-approved cost estimate for the Alterations. Full payment 
for the Alterations shall be made by Library District within 45 days of receipt of an 
invoice approved by Library District. 
THE REMAINDER QF THIS PAGE INTENTIONALLY LEFT BLANK

IN WITNESS WHEREOF the Parties hereto have caused these presents to be executed: 
 
CITY OF LITCHFIELD PARK 
 
By: 
Thomas L. Schoaf, Mayor 
 
ATTEST 
 
By:   
 
Terri Roth, MMC, City Clerk 
APPROVED AS TO FORM: 
 
This Agreement has been reviewed by the undersigned Attorney for the City who has 
determined that it is proper in form and is within the power and authority granted the City 
under the laws of the State of Arizona. 
 Joseph D. Estes 
 
By: Joseph D. Estes (Jun 20, 2024 07:06 PDT)   _ 
Joseph D. Estes, City Attorney 
Pierce Coleman, PLC 
MARICOPA COUNTY LIBRARY DISTRICT 
 
By:   
 
Jack Sellers, Chairman of Board of Directors 
Maricopa County Library District 
ATTEST 
 
By:   
 
Juanita Garza, Clerk of the Board 
 
APPROVED AS TO FORM: 
 
This Agreement has been reviewed by the undersigned Attorney for the Library District who 
has determined that it is proper in form and is within the power and authority granted the 
Library District under the laws of the State of Arizona. 
 
By:   
 
Deputy County Counsel 
Thomas Schoaf (Jun 20, 2024 08:02 PDT)

Exhibit “A” 
 
THE PROPERTY & PREMISES 
101 W Wigwam Blvd, Litchfield Park, Arizona

06.18.2024 Item IX.I. MCLD Amended IGA 
Final Audit Report 
2024-06-20 
 
 
"06.18.2024 Item IX.I. MCLD Amended IGA" History 
 Document created by Maria Ceaglske (mceaglske@litchfieldpark.gov) 
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Created: 
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By: 
Status: 
Transaction ID: 
Maria Ceaglske (mceaglske@litchfieldpark.gov) 
Signed 
CBJCHBCAABAA3I0xSDw_CscS4H9_R5dvkQ6w6jaZY1Nx

Agreement completed. 
2024-06-20 - 3:57:44 PM GMT